The opinion
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 25-0005V
ARLINE BROWNING, Chief Special Master Corcoran
Petitioner, Filed: April 7, 2026
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On January 3, 2025, Arline Browning filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). Petitioner alleges that she suffered a shoulder injury related to vaccine
administration (“SIRVA”) resulting from an influenza (“flu”) vaccine received on
September 12, 2023. Petition at 1; Stipulation, filed April 7, 2026, at ¶¶ 2-4. Petitioner
further alleges that the vaccine was administered in the United States, she suffered
residual effects of her injury for more than six months, and there has been no prior award
or settlement of a civil action for damages on her behalf as a result of her alleged injuries.
Petition at ¶¶ 2, 16-18; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained
a Table SIRVA, and further denies that the flu vaccine caused or significantly aggravated
any other injury, or petitioner’s current condition.” Stipulation at ¶ 6.
1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government
Services). This means the Decision will be available to anyone with access to the internet. In
accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other
information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I
agree that the identified material fits within this definition, I will redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C.
§ 300aa (2018).
Nevertheless, on April 7, 2026, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. I find the stipulation
reasonable and adopt it as my decision awarding damages, on the terms set forth therein.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $75,000.00, to be paid through an ACH deposit to Petitioner’s
counsel’s IOLTA account for prompt disbursement to Petitioner. Stipulation
at ¶ 8. This amount represents compensation for all items of damages that would
be available under Section 15(a). Id.
I approve the requested amount for Petitioner’s compensation. In the absence of
a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court is directed to
enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2
3Jn toe Wntteb ~tates Qt:ourt of jfeberal Qt:laims
OFFICE OF SPECIAL MASTERS
ARLINE BROWNING,
Petitioner,
Case No. 25-0005V (ECF)
V. CHIEF S PECIAL MASTER
CORCORAN
SECRETARY OF HEALTH
AND HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
I. Arline Browing, petitioner, filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa- l Oto -34 (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of the influenza ("flu") vaccine, which is a vaccine contained in the Vaccine Injury Table (the
"Table"), 42 C.F.R. § 100.3(a).
2. Petitioner received the flu vaccine on September 12, 2023.
3. The vaccination was administered within the United States.
4. Petitioner alleges that she sustained a left shoulder injury related to vaccine
administration ("SIRVA") within the Table time period after receiving the flu vaccine, and
alleges that she experienced the residual effects of this injury for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil
action for damages on her behalf as a result of her alleged injuries.
6. Respondent denies that petitioner sustained a Table SIRVA, and further denies
that the flu vaccine caused or significantly aggravated any other injury, or petitioner's cun-ent
condition.
7. Maintaining their above-stated positions, the parties nevertheless now agree that
the issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an en tty of judgment reflecting a decision consistent
with the terms of this Stipulation, and after petitioner has filed an election to receive
compensation pursuant to 42 U.S.C. § 300aa-2 l (a)( I), the Secretary of Health and Human
Services will issue the following vaccine compensation payment:
A lump sum of $75,000.00 to be paid through an ACH deposit to petitioner's counsel's
IOLTA account for prompt disbursement to petitioner.
This amount represents compensation for all damages that would be available under
42 U.S.C. § 300aa- 15(a).
9. As soon as practicable after the enhy of judgment in this case, and after petitioner
has filed both a proper and timely election to receive compensation pL1rsuant to
42 U.S.C. § 300aa-2 I (a)( I), and an application, the parties will subm it to further proceedings
before the special master to award reasonable attorneys' fees and costs incurred in proceeding
upon this petition.
I0. Petitioner and her attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U .S.C. § 300aa- l 5(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
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State health benefits programs (other than Title XIX of the Social Security Act
(42 U.S.C. § 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
I 1. Payrnent made pursuant to paragraph 8 of this Stipulation and any amounts
awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with
42 U.S.C. § 300aa- 15(i), subject to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any
award for attorneys' fees and litigation costs, and past unrcimbursed expenses, the money
provided pursuant lo this Stipulation will be used solely for the benefit of petitioner as
contemplated by a strict construction of 42 U.S.C. § 300aa- I 5(a) and (d), and subject to the
conditions of 42 U.S.C. § 300aa- 15(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her
individual capacity, and on behalf of her heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit, and discharge the U nited States and
the Secretary of Health and Human Services from any and all actions or causes of action
(including agreements, judgments, claims, damages, loss of services, expenses and all demands
of whatever kind or nature) that have been brought, could have been brought, or could be timely
brought in the Court of Federal Claims, under the National Vaccine Injury Compensation
Program, 42 U.S.C. § 300aa- 10 et seq., on account of, or in any way growing out of, any and all
known or unknown, suspected or unsuspected personal injuries lo or death of petitioner resulting
from, or alleged to have resulted from, the flu vaccination administered on September 12, 2023,
as alleged by petitioner in a petition for vaccine compensation filed on or about January 3, 2025,
in the United States Court of Federal Claims as file No. 25-0005V.
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14. If petitioner should die prior to entry of judgment, this agreement shall be
voidable upon proper notice to the Court on behalf of either or both of the pa1ties.
15. If the special master fails to issue a decision in complete conformity with the
terms of this Stipulation or if the Court of Federal Claims fai ls to enter judgment in conformity
with a decision that is in complete conformity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability
and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended,
except as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of
the parties hereto to make any payment or to do any act or thing other than is herein expressly
stated and clearly agreed to. The parties futther agree and understand that the award described in
this Stipulation may reflect a compromise of the parties' respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Ilcalth and Human Services that the flu vaccine caused petitioner's alleged left
shoulder injury or any other injury or her cu1Tent condition, or that petitioner suffered an injury
contained in the Vacci ne Injury Table.
18. All rights and obligations of petitioner hereunder shall apply equally to
petitioner's heirs, executors, administrators, successors, and/or assigns.
END OF STlPULATION
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Respectfully submitted,
PETITIONER:
ARLINE BROWNING
EY OF RECORD FOR AUTHORIED REPRESENTATIVE
E: OF THE ATTORNEY GENERAL:
~\i...P~
~~~rtfi~ifrrr~~~r;::,,,...,.--==-- ~ ~ ~ER L. PEARLMAN
Mui e • razi Deputy Director
15-Twining Road, Suite 208 Torts Branch, Civil Division
Dresher, PA 19025 U.S. Department of Justice
bridget@mullerbrazil.com P.O. Box 146
(215) 885-1655 Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTONEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
Digitally signed by Jeffrey
Jeffrey S. s. Beach -s
Beach -5 Date:2026.03.2710:32:39
.04·00· for
CAPT GEORGE REED GRTMES, MD, MPH MARK K. HELLlE
Director, Division ofinjury Trial Attorney
Compensation Programs Torts Branch, Civi l Division
Health Systems Bureau tJ.S. Department of Justice
Health Resources and P.O. Box 146
Services Administration Benjamin Franklin Station
U.S. Department of Health and Washinf:,>ton, DC 20044-0 146
Human Services mark.hell ie@usdoj.gov
5600 Fishers Lane, 14W-18 (202) 616-4208
Rockville, MD 20857
Dated: /tf)t i / ] , lO CG
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